The Prophet (peace be upon him) said,
“A Muslim is a brother of another Muslim, so he should not oppress him, nor should he hand him over to an oppressor. Whoever fulfilled the needs of his brother, Allah will fulfil his needs; whoever brought his (Muslim) brother out of a discomfort, Allah will bring him out of the discomforts of the Day of Resurrection.”[2]
He (peace be upon him) also said,
“Whoever is present while a Muslim is humiliated before him, and is able to assist him [and yet does not], Allah will humiliate him before all of creation on the Day of Judgment.”
Obligation to aid in the emancipation of Muslim captives

Allah has admonished and reproached the believers for allowing the weak to remain under the clutches of the enemy and their torture. Allah says,
“And what is wrong with you that you fight not in the Cause of Allah, and for those weak, ill-treated and oppressed among men, women, and children, whose cry is: “Our Lord! Rescue us from this town whose people are oppressors; and raise for us from You one who will protect, and raise for us from You one who will help.””[3]
Explaining this verse, Imam Al-Qurtubi said, “Freeing the prisoners is obligatory on the Muslim, whether by war or wealth.” Imam Malik said, “It is obligatory on (Muslim) people to ransom the prisoners with all their wealth.” There is no difference of opinion among the scholars over this, since the Prophet (peace be upon him) said, “Free the prisoners.”[4] Our scholars say that ransoming prisoners is obligatory, even if not a single penny is left. Ibn Khuwaizimandad said, “This verse contains the obligations to free prisoners. There are reports from the Prophet (peace be upon him) to this effect: he freed prisoners and ordered them to be freed. This was practiced by Muslims throughout the ages and the scholars are unanimous about it. It is obligatory to free (Muslim) prisoners from the state’s treasury, and if the amount does not suffice, then it is obligatory upon all the Muslims to contribute. If one Muslim frees him, the others are absolved of this duty.”
An incident that shows the great concern for freeing Muslim captives is when the Caliph ‘Umar bin ‘Abdul Aziz (may Allah be pleased with him) sent ‘Abdul Rahman bin ‘Amrah to free some Muslim captives. He said, “Give them whatever they ask for every Muslim! By Allah, a Muslim is dearer to me than all the polytheists in my state! Indeed, you win any Muslim you pay the ransom for. Indeed you are buying Islam (by ensuring their release from prison and torture).”[5]

Ibn Taymiyyah said, “Freeing Muslim prisoners is one of the greatest obligations. Spending money from endowments (waqf) and other sources is one of the best deeds.”
Ibn Qudamah, may Allah have Mercy on him, said: “It is permissible for a Muslim to use his zakat to buy back a Muslim prisoner from the captivity of polytheists. This is because the emancipation of a Muslim captive is similar to emancipating someone from slavery, as well as it bringing glory to Islam. Spending zakah in this cause is like spending it to soften people’s hearts towards Islam, and since it is given to the prisoner to free himself from captivity it is like giving money to an indebted person for ridding himself of the debt.”

Our Obligation

Therefore, it is obligatory upon every single Muslim, wherever they reside, to work, directly or indirectly, towards the release of the Muslim captives irrespective of wherever they may be. Any Muslim with the capability to aid others yet fails to do so will be sinful. Everyone is responsible according to their ability; the greatest responsibility lies with those in authority, followed by the scholars, and so on – although the failure of those who bear greater responsibility to act does not absolve individuals of their own individual responsibilities.If the captive is a Muslim woman, like our sister Aafia, the obligation becomes even greater, given the elevated status of women in Islam. The scholars of Islam are unanimous that a Muslim woman cannot be handed over to non-Muslims in any case. This Ummah has a glorious heritage of protecting Muslim women that we must endeavour to restore. Amongst the incidents narrated to this effect, is that of the honour of a believing woman attacked by members of the tribe of Quraydhah, and so, a believer fought to defend her until he was killed and an army was dispatched against the perpetrators.
As a nation, we have not fulfilled our obligation towards our sister, Aafia Siddiqui, as well as her children. We must exhaust every lawful means for her release and for the recovery of her children without fearing anyone but Allah. This may include, but is not limited to, direct involvement with organisations that work for this cause, donating money for it, raising awareness and actively speaking about her plight, writing in support of her and her family, and pressuring those governments complicit in her ordeal to end this injustice.
The least that is enjoined upon us is to supplicate to Allah for her as well other Muslim prisoners, as supplication is the weapon of a Muslim; it is incumbent upon every believer to supplicate for them as if we were supplicating on behalf of ourselves and our families.
“O Allah, deliver our sister and her children from this humiliation and torture at the hands of those who do not believe in You.”
May Allah ease the affairs of our sister Aafia and hasten her release from captivity. May He break free her shackles and the shackles of all of our oppressed prisoners. May Allah give them the strength to deal with their ordeal. May Allah punish those who have oppressed our sister Aafia and continue to oppress her, may He defeat them and smite them, and may Allah forgive us for being negligent towards our Muslim brothers and sisters. May Allah unite the hearts of the Muslims and grant us victory over our oppressors.
www.islam21c.com/politics/256-open-letter-supporting-aafi...

During weeks of frenetic political campaigning, an influential group of British Pakistanis has been negotiating with Imran Khan and senior military figures to arrange a prisoner swap involving Dr Shakil Afridi, who helped the CIA track the al-Qaida leader, Osama bin Laden, and Dr Aafia Siddiqui, convicted of attempting to kill two American military personnel.

Naseem Bajwa, a barrister who practises in London and Lahore, said: “The ball is in Pakistan’s court because the Americans at the very highest levels want Afridi. The legal mechanism exists for a prisoner swap so it’s just a case of nailing down the political and military backing for it in Pakistan, which is now there.”

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